prior to the issuance of the temporary restraining order was that Plaintiff would suffer irreparable injury in the absence of the restraining order. This is less than what is required by the Act and case law.
For all of the above reasons, the Court has concluded that the temporary restraining order was erroneously issued because of the failure to follow the procedural steps required by the Norris-LaGuardia Act and Boys Markets. Nevertheless, Plaintiff contends that Defendants are not entitled to expenses caused by the erroneous issuance of the temporary restraining order because they subsequently admitted that the strike was in fact illegal. See 373 F. Supp. at p. 32. Plaintiff cites Railway Express Agency, Inc. v. Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, 437 F.2d 388 (5th Cir. 1971), for the proposition that where the facts surrounding an illegal strike are undisputed, strict compliance with § 7 of the Norris-LaGuardia Act is not required. The present case is distinguishable from Railway Express which involved the issuance of preliminary injunction after a hearing in which all parties were represented and in which the facts were stipulated to and oral testimony was waived by the parties. In the case at bar, the temporary restraining order was issued prior to an adversary hearing and prior to any stipulation as to facts. Furthermore, the Third Circuit case of U.S. Steel Corp. v. United Mine Workers of America, supra, indicates that the procedural requirements of the Norris-LaGuardia Act are to be strictly complied with. An ex post facto rationalization of the propriety of the temporary restraining order cannot be substituted for compliance with the clear cut procedural steps required by the Norris-LaGuardia Act prior to the issuance of a temporary restraining order.
The imposition of expenses and costs against the Plaintiff may appear harsh under the circumstances of this case. This is especially so in light of the fact that the Court must share some of the blame for issuing the temporary restraining order without regard to the procedures and safeguards required by the Norris-LaGuardia Act. However, in the hurried maneuverings which normally surround an application for and grant of a temporary restraining order, it is incumbent upon a plaintiff to represent its case with due regard to the requirements of the statutes and case law. In cases such as this, the Court expects and deserves the guidance and suggestions of the party seeking such an extraordinary remedy.
An order granting Defendants' motion for assessment of damages and setting a hearing for the determination thereof will be entered.
1. Defendants' motion for assessment of damages is granted.
2. A hearing to determine the reasonable costs, including reasonable attorney's fees, and expenses of the Defendants, will be held on Monday, July 15, 1974 at 4:00 P.M. at the U.S. Court House in Lewisburg, Pennsylvania.